Partes separadas do corpo humano: propriedade, dignidade e limites da mercantilização

Advances in medicine and biotechnology allow organs, tissues and cells to be removed, stored and used long after separated from the human body, a challenge that traditional legal doctrine does not adequately address. This theoretical and documentary study, based on bibliographic research and legislative analysis, starts from García Manrique's critique of the propertarian approach and discusses the limits of property over separated body parts in Brazilian law. It analyzes Law No. 9,434/1997, which allows free disposition and criminalizes the trade of organs and tissues, and examines the Paulinho Pavesi and Henrietta Lacks cases. It concludes that human biological material requires a hybrid legal regime combining a limited patrimonial dimension with personality rights, dignity and autonomy.